Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-9, 12, 15-18, 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Humphrey (US Pat. App. Pub. 2022/0342193 A1) in light of Palese (US Pat. App. Pub. 2024/0372623 A1).
Regarding Claim 1, Humphrey teaches A system comprising: a first optical communications terminal comprising: a telescope comprising one or more lenses; (FIG. 2: 10) and one or more processors configured to move the movable PIC assembly; (In FIG. 2 of Humphrey, the actuators [50A&B] move the fiber collimator [32] across the track [40]. While the embodiment in FIG. 2 only shows the fiber collimator being placed on the tracker, Humphrey teaches that the entire receiver assembly [30, 31, 35] can be placed on the track [0037].) wherein the moveable PIC assembly is configured to move by at least one of i) rotating, or ii) moving along a path, and iii) moving closer to or further from a telescope of the first optical communications terminal. (Humphrey teaches that the receiver assembly [32] can move along the track [40] shown in FIG. 2 [0034] and thus can move “along a path” as is claimed.)
Humphrey does not teach a movable photonics integrated circuit (PIC) assembly positioned relative to the telescope comprising an optical phased array (OPA);
Palese teaches a movable photonics integrated circuit (PIC) assembly positioned relative to the telescope comprising an optical phased array (OPA); (Although Humphrey does not teach using a PIC as the receiver assembly, Palese teaches a PIC that can be rotated to receive signals from different directions [0016]; [0019])
Humphrey and Palese are analogous art as they both relate to optical communication systems.33
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to replace the moving receiver and detector assembly taught in Humphrey with the already moving PIC taught in Palese. The suggestion/motivation would have been to improve the moving receiver and detector assembly taught in Humphrey with the more compact and lightweight PIC receiver.
Regarding Claim 2, the combination of Humphrey and Palese teach The system of claim 1, wherein the first optical communications terminal further includes one or more magnets coupled to the movable PIC assembly. (Humphrey, [0042])
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to modify the moving PIC taught Palese with the magnets described in Humphrey. The suggestion/motivation would have been to enable the PIC to be moved using magnets.
Regarding Claim 3, the combination of Humphrey and Palese teach The system of claim 2, wherein the first optical communications terminal further includes a surface, the surface configured to be selectively magnetized. (Humphrey, [0042])
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to modify the moving PIC taught Palese with the magnets described in Humphrey. The suggestion/motivation would have been to enable the PIC to be moved using magnets.
Regarding Claim 4, the combination of Humphrey and Palese teach The system of claim 1, wherein the first optical communications terminal further includes: one or more actuators coupled to the movable PIC assembly; and a movable component coupled to the movable PIC assembly and configured to allow for movement of the movable PIC assembly. (FIG. 2: 50A, 50B, 40)
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to replace the moving receiver and detector assembly taught in Humphrey with the already moving PIC taught in Palese. The suggestion/motivation would have been to improve the moving receiver and detector assembly taught in Humphrey with the more compact and reliable PIC.
Regarding Claim 5, the combination of Humphrey and Palese teach The system of claim 4, wherein the movable PIC assembly is configured to move about the movable component. (Palese, [0019]).
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to replace the moving receiver and detector assembly taught in Humphrey with the already moving PIC taught in Palese. The suggestion/motivation would have been to improve the moving receiver and detector assembly taught in Humphrey with the more compact and reliable PIC.
Regarding Claim 6, the combination of Humphrey and Palese teach The system of claim 4, wherein the one or more actuators are a first actuator and a second actuator and the first actuator is disposed on an edge of the movable PIC assembly opposite the second actuator. (Humphrey, FIG. 2: 50A, 50B, 40)
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to replace the moving receiver and detector assembly taught in Humphrey with the already moving PIC taught in Palese. The suggestion/motivation would have been to improve the moving receiver and detector assembly taught in Humphrey with the more compact and reliable PIC.
Regarding Claim 7, the combination of Humphrey and Palese teach The system of claim 4, wherein the movable component may be used in conjunction with a movable component actuator and the one or more actuators move faster than the movable component actuator. (Humphrey, FIG. 2: 50A, 50B, 40)
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to replace the moving receiver and detector assembly taught in Humphrey with the already moving PIC taught in Palese. The suggestion/motivation would have been to improve the moving receiver and detector assembly taught in Humphrey with the more compact and reliable PIC.
Regarding Claim 8, the combination of Humphrey and Palese teach The system of claim 4, wherein the first optical communications terminal further comprises an arm structure, the arm structure coupled to the movable PIC assembly and the movable component such that the arm structure is arranged perpendicular or approximately perpendicular to the movable PIC assembly. (Humphrey, FIG. 2: 50A, 50B, 40)
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to replace the moving receiver and detector assembly taught in Humphrey with the already moving PIC taught in Palese. The suggestion/motivation would have been to improve the moving receiver and detector assembly taught in Humphrey with the more compact and reliable PIC.
Regarding Claim 9, the combination of Humphrey and Palese teach The system of claim 1, further comprising a second optical communications terminal. (Palese, FIG. 2B)
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to look to Palese’s teaching of having more than one of the optical communication apparatuses work together and to apply this arrangement to the apparatuses taught in Humphrey. The suggestion/motivation would have been to create an optical communication network using the apparatus taught in Humphrey.\
Regarding Claim 12, the combination of Humphrey and Palese teach The system of claim 1, wherein the first optical communications terminal further includes a cable. (Humphrey, FIG. 2: 33)
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to replace the moving receiver and detector assembly taught in Humphrey with the already moving PIC taught in Palese. The suggestion/motivation would have been to improve the moving receiver and detector assembly taught in Humphrey with the more compact and reliable PIC.
Regarding Claim 15, the combination of Humphrey and Palese teach The system of claim 1, wherein the movable PIC assembly is positioned at a plane relative to the telescope and wherein the plane is an exit pupil of the telescope. (Humphrey, FIG. 2)
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to replace the moving receiver and detector assembly taught in Humphrey with the already moving PIC taught in Palese. The suggestion/motivation would have been to improve the moving receiver and detector assembly taught in Humphrey with the more compact and reliable PIC.
Regarding Claim 16, Humphrey teaches A method of moving the method comprising: actuating, by one or more processors, (In FIG. 2 of Humphrey, the actuators [50A&B] move the fiber collimator [32] across the track [40]. While the embodiment in FIG. 2 only shows the fiber collimator being placed on the tracker, Humphrey teaches that the entire receiver assembly [30, 31, 35] can be placed on the track [0037].) the movable PIC assembly using at least one of i) a contact connection, or ii) a non-contact connection; and moving the movable PIC assembly due to the actuating (The track [40] is a contact connection [0037] and Humphrey teaches a non-contact method using magnets as well [0042]); wherein the moving is at least one of i) rotating, ii) moving along a path, and iii) moving closer to or further from a telescope (FIG. 2: 10) of the first optical communications terminal. (Humphrey teaches that the receiver assembly [32] can move along the track [40] shown in FIG. 2 [0034] and thus can move “along a path” as is claimed).
Humphrey does not teach a movable photonics integrated circuit (PIC) assembly comprising an optical phased array (OPA) of a first optical communications terminal,
Palese teaches a movable photonics integrated circuit (PIC) assembly comprising an optical phased array (OPA) of a first optical communications terminal, (Although Humphrey does not teach using a PIC, Palese teaches a PIC that can be rotated to receive signals from different directions. [0016]; [0019])
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to replace the moving receiver and detector assembly taught in Humphrey with the already moving PIC taught in Palese. The suggestion/motivation would have been to improve the moving receiver and detector assembly taught in Humphrey with the more compact and reliable PIC.
Regarding Claim 17, the combination of Humphrey and Palese teach the method of claim 16, wherein: the moving is rotating; (Palese, [0016]) and the moving includes displacing a center of the movable PIC assembly by an angle and a distance. (Humphrey, FIG. 2)
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to replace the moving receiver and detector assembly taught in Humphrey with the already rotatable PIC taught in Palese. The suggestion/motivation would have been to improve the mobility of the receiver and detector assembly taught in Humphrey with the rotatable PIC taught in Palese.
Regarding Claim 18, the combination of Humphrey and Palese teach The method of claim 16, wherein: the moving is rotating (Palese, [0016]); and the moving does not include displacing a center of the movable PIC assembly. (Id.)
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to replace the moving receiver and detector assembly taught in Humphrey with the already rotatable PIC taught in Palese. The suggestion/motivation would have been to improve the mobility of the receiver and detector assembly taught in Humphrey with the rotatable PIC taught in Palese.
Regarding Claim 24, the combination of Humphrey and Palese teach The method of claim 16, wherein the moving is about a movable component.
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to replace the moving receiver and detector assembly taught in Humphrey with the already rotatable PIC taught in Palese. The suggestion/motivation would have been to improve the mobility of the receiver and detector assembly taught in Humphrey with the rotatable PIC taught in Palese.
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Humphrey (US Pat. App. Pub. 2022/0342193 A1) in light of Palese (US Pat. App. Pub. 2024/0372623 A1) and in further light of Carlson (US Pat. 6,285,476 B1).
Regarding Claim 10, the combination of Humphrey and Palese teach The system of claim 1,
Humphrey and Palese does not teach wherein the first optical communications terminal further includes one or more heat straps coupled to the movable PIC assembly and wherein the one or more heat straps have an elasticity such that the movable PIC assembly may move within an expected performance envelope.
Carlson teaches wherein the first optical communications terminal further includes one or more heat straps coupled to the movable PIC assembly and wherein the one or more heat straps have an elasticity such that the movable PIC assembly may move within an expected performance envelope. ([0052])
Carlson and Humphrey are analogous art as they both relate to optical communication systems.
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to attach the heat straps taught in Carlson to the moving receiver and detector assembly in Humphrey. The suggestion/motivation would have been to improve the thermal management of the assembly while maintaining the assembly’s flexibility.
Regarding Claim 11, the combination of Humphrey, Palese, and Carlson teach The system of claim 1, wherein the movable PIC assembly further includes a thermal base configured to evenly distribute heat away from the movable PIC assembly. (Carlson, [0005])
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to attach the thermal base taught in Carlson to the moving receiver and detector assembly in Humphrey. The suggestion/motivation would have been to improve the thermal management of the assembly while maintaining the assembly’s flexibility.
Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Humphrey (US Pat. App. Pub. 2022/0342193 A1) in light of Palese (US Pat. App. Pub. 2024/0372623 A1) and in further light of Goorjian (US Pat. 9,954,613 B1).
Regarding Claim 13, the combination of Humphrey and Palese teach The system of claim 1,
Humphrey and Palese do not teach wherein the telescope is a Keplerian telescope.
Goorjian teaches wherein the telescope is a Keplerian telescope. ([0045])
Humphrey and Goorjian are analogous art as they both relate to optical communication systems.
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to replace the telescope taught in Humphrey with the Keplerian telescope taught in Goorjian. The suggestion/motivation would have been to provide a telescope in Humphrey that possess the advantages of a Keplerian telescope.
Regarding Claim 14, the combination of Humphrey and Palese teach The system of claim 1,
Humphrey and Palese do not teach wherein the telescope is a Galilean telescope.
Goorjian teaches wherein the telescope is a Galilean telescope. ([0045])
Humphrey and Goorjian are analogous art as they both relate to optical communication systems.
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to replace the telescope taught in Humphrey with the Galilean telescope taught in Goorjian. The suggestion/motivation would have been to provide a telescope in Humphrey that possess the advantages of a Galilean telescope.
Claim(s) 19-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Humphrey (US Pat. App. Pub. 2022/0342193 A1) in light of Palese (US Pat. App. Pub. 2024/0372623 A1) and in further light of Sheth (US Pat. App. Pub. 2012/0308239 A1).
Regarding Claim 19, the combination of Humphrey and Palese teach The method of claim 16,
the combination of Humphrey and Palese does not teach wherein: the moving is moving along the path, wherein the path is an arc-shaped path; and the arc-shaped path forms a portion of a circumference of a circle.
Sheth teaches wherein: the moving is moving along the path, wherein the path is an arc-shaped path; and the arc-shaped path forms a portion of a circumference of a circle. ([0023])
Sheth and Humphrey are analogous art as they both relate to optical communication systems.
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to add the circular mobility taught in Sheth to Humphrey’s already mobile receiver and detector assembly. The suggestion/motivation would have been to further increase the ability of Humphrey’s receiver and detector assembly to position itself relative to the telescope.
Regarding Claim 20, the combination of Humphrey, Palese, and Sheth teach The method of claim 19, wherein a center of the circle is a center of a movable component. ([0023])
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to add the circular mobility taught in Sheth to Humphrey’s already mobile receiver and detector assembly. The suggestion/motivation would have been to further increase the mobility of the receiver and detector assembly taught in Humphrey.
Regarding Claim 21, the combination of Humphrey, Palese, and Sheth teach The method of claim 16, wherein: the moving is moving along the path, wherein the path is a bowl-shaped path; and the bowl-shaped path forms a portion of a sphere. ([0023])
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to add the circular mobility taught in Sheth to Humphrey’s already mobile receiver and detector assembly. The suggestion/motivation would have been to further increase the mobility of the receiver and detector assembly taught in Humphrey.
Regarding Claim 22, the combination of Humphrey, Palese, and Sheth teach The method of claim 21, wherein a center of the sphere is a center of a movable component. ([0023])
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to add the circular mobility taught in Sheth to Humphrey’s already mobile receiver and detector assembly. The suggestion/motivation would have been to further increase the mobility of the receiver and detector assembly taught in Humphrey.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Humphrey (US Pat. App. Pub. 2022/0342193 A1) in light of Palese (US Pat. App. Pub. 2024/0372623 A1) and in further light of Eden (US Pat. App. Pub. 2015/0092063 A1).
Regarding Claim 23, the combination of Humphrey and Palese teach The method of claim 16,
Humphrey and Palese do not teach wherein: the moving is moving closer to or further from the telescope of the first optical communications terminal; and the moving is along an optical axis of the telescope of the first optical communications terminal.
Eden teaches wherein: the moving is moving closer to or further from the telescope of the first optical communications terminal; and the moving is along an optical axis of the telescope of the first optical communications terminal. ([0116])
Humphrey and Eden are analogous art as they both relate to optical communication systems.
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to combine the Eden’s teaching of moving a receiver closer or further from the telescope with the already mobile receiver taught in Humphrey. The suggestion/motivation would have been to further increase the mobility of the receiver in Humphrey such that it could better adjust to light coming in from the telescope.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL M BROCK whose telephone number is (571)272-7257. The examiner can normally be reached 8-4:30pm.
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/PAUL MORGAN BROCK/Examiner, Art Unit 2634 January 21, 2026
/KENNETH N VANDERPUYE/Supervisory Patent Examiner, Art Unit 2634